Legal Question in Wills and Trusts in California

next of kin

my mother passed away yesterday and left no will. who is entitled to her assets. She has an ex-husband that lived with her and two kids including myself.


Asked on 1/03/08, 7:56 pm

4 Answers from Attorneys

Re: next of kin

Without a will her property passes through "intestate succession". If she was not married at the time, without other information, her property will go equally to her children.

Depending on the value of her property and whether she owned real property (real estate), her estate may need to go through probate.

You should consult with an attorney regarding the matter and whether to file a probate.

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Answered on 1/03/08, 8:01 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: next of kin

The kids. The ex-husband is not entitled to share in the estate. You or our sibling should file for letters of administration in probate court to probate the estate so it can be preserved and distributed. Don't wait too long.

Sorry for your loss.

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Answered on 1/03/08, 8:07 pm
John D. Williams Law Offices of John D. Williams

Re: next of kin

I am sorry to hear of the loss of your mother.

Without a will, the property goes by intestate succession. If she was legally divorced and without other information her property would go equally to her two children.

The estate may have to go through probate. I need more information.

If you would like a free initial consultation, please call or e-mail me with contact information. I have over 25 years experience in probate and estate administration.

Good luck and thank you for your inquiry.

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Answered on 1/03/08, 8:26 pm

Re: next of kin

I am sorry for your loss. I assume your mom was a California resident. Sounds like a straightforward case. 50/50 you and your sibling. Ex-husband has no rights. If you need help with your probate I perform probates throughout California and am very efficient at it. Let me know if I can help!

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Answered on 1/04/08, 12:33 pm


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